. 161 
B7 B5 
L847 
;opy 1 










SENATE.....NO. 83. 



»jll^.«[».l.»»MI»,v..wl«imiWBer».-M»MIMIIimm»MH»HM,'»IIH.HilliiMlljaCl 



^otnmonluejiltli of J^a^ssssacljnssitttg* 



Senate, March 31, 1847. 

The Joint Committee on Education, to whom was referred the 
Petition of the School Committee of the city of Boston, pray- 
ing for an act authorizing said Committee to appoint a Super- 
intendent of Pubhc Schools, ask leave to 

REPORT 

as follows. 

The petition in question prays for what your committee 
deem an important alteration in the charter of the city of Boston.' 

Your committee believe that it has been unusual, if not un- 
precedented, to make any alteration in this instrument, except 
on petition from the city council. That body is defined in the 
city charter, section 15, as the successors in general to the powers 
previously vested, by law, in the town of Boston or the inhabi- 
tants thereof, as a municipal corporation. The right of petitioning, 
on the part of the school committee, or any other officers or in- 
habitants of the city, is, of course, not questioned ; nor do your 
committee intend to say, that such petitions should, in no cases, 
be granted; but no petition or memorial can, as your commit- 
tee think, be considered as emanating from the city, unless 
offered by the city council or under their authority; and it may 
be remarked, in further confirmation of this position, that when 






2 PETITION OF SCHOOL COMMITTEE. [March, 

any legislative action has been generally desired by the people 
of the city in relation to their municipal affairs, the usual course 
pursued has been, to instruct the city council to petition there- 
for. In the present case, the petition purports to come neither 
from the people of the city, nor from the city council, but from 
the school committee. It seems, therefore, a grave objection to 
the proposed alteration of the city charter, that, however the 
fact may be, there is no proper evidence that such alteration is 
desired by the inhabitants of the city of Boston or their succes- 
sors, in their corporate powers generally, the city council. It 
was urged on the part of the petitioners that, if an act were 
passed, its validity should be made to depend on its acceptance 
by the cit}?- council. But it certainly seems inexpedient, and 
it is believed to be directly contrary to precedent, for the Legis- 
lature io pr off €7^ alterations of the city charter to the city coun- 
cil, unless that body shall have previously assumed the respon- 
sibility of petitioning therefor. 

Admitting, however, that the mode in which the subject is 
brought before the Legislature, is not, in this instance, a suffi- 
cient reason for denying the prayer of the petition, there are 
other important reasons against granting the same. It did not 
appear to your committee, that, in the school committee itself, 
there was entire, or even general unanimity, in behalf of the 
petition presented. It was stated, that the order, directing the 
presenting the same, passed only by the casting vote of the 
chairman. Of five members of that body who appeared at 
different times before the committee, one declared himself en- 
tirely opposed to any change ; one was decidedly averse to the 
appointment of a single superintendent ; and a third thought 
that such an officer should be appointed, not by the school com- 
mittee, but by the city council. The vote of the school commit- 
tee seems to be evidence only of the fact, that some change in 
the city charter, in relation to the superintendence of the public 
schools, is deemed necessary by that body. Whether there 
should be one or more superintendents; whether appointed by 
the school committee, the city council, or the people ; by whom 
their compensation should be fixed ; whether the act should be 
made dependent for its validity on the assent of the city coun. 






Xa1 ' 

5 1847.] SENATE— No. 82. 3 

cil, or of the qualified voters of the city, — these are questions 
which should be settled in any act which might be passed, but 
respecting which your committee know nothing of the public 
sentiment of the city of Boston, and on which they express no 
opinion. It will be time enough to consider them, when the 
wishes of the city, in relation to them, shall have been distinctly 
made known. Your committee, however, entertain a high re- 
spect for the board from whom this petition proceeds, and cer- 
tainly deem the subject of it one of great public moment, and 
trust that it will receive an early and attentive consideration on 
the part of the people of Boston generally, as well as of the 
city government and the school committee. They cannot doubt 
that the wishes of the city for any reasonable municipal privi- 
leges, when clearly and distinctly made known to the Legisla- 
ture, will receive, as such wishes always have done, a fair and 
liberal consideration. 

Under these circumstances, your committee recommend that 
the whole subject be referred to the next session. 

Respectfully submitted, 

Per order, JOHN C. GRAY. 



LIBRARY OF CONGRESS 



021 504 101 3 4 



